The author examines ancient negotation techniques described in the Bible. He then demonstrates the usefulness of such ancient techniques in modem business settings. He includes an instructive section on online negotiations.
The article examines some of the characteristics of arbitration in America, specifically its contractual, expansionist, and a-legal nature. These three elements serve to distinguish the American perspective from that of most other legal systems, and they are closely interrelated to the ideology of the ADR movement.
Research on hedonic adaptation is applied to the settlement of civil lawsuits. According to hedonic psychology, a plaintiff in a personal injury suit will overestimate damages but as time passes and hedonic adaptation occurs, will become more willing to settle.
Mediation offers a mechanism by which same-gender couples can protect their established estate plans from probate challenges and preserve donative intent. Specifically, mediation can help ensure testamentary plans are not successfully challenged in probate, and mediation can help minimize potential problems between the surviving partner and surviving blood relations.
In this book, readers will be introduced to the power of negotiating parameters and process will all concerned in violent conflict, and diversity's potential for critically needed innovation. The book also examines negotiation specifics that facilitate such innovation, presenting several case study examples of success when using the tools and skills of integrative negotiation and facilitative mediation within multicultural process. Extended case studies are presented of negotiation, conflict resolution...
In an interview, Professor Leonard L. Riskin characterizes a successful mediation as one that, at the very least, resolves the dispute, but could instead achieve cognitive or emotional resolution. Riskin also warns of the pitfalls that may be encountered when a mediator gives his or her own views on how a dispute should be resolved, but believes that sometimes such discussion may be warranted.
Economic analysis of law usually proceeds with the behavioral assumptions of neoclassical economics. But empirical evidence gives us much reason to doubt these assumptions; people are boundedly rational and boundedly self-interested, and they have bounded willpower. The result is to call into question many of the predictions and prescriptions offered by traditional law and economics .In this paper we offer a broad vision of how law and economics analysis may be improved by increased attention to insights...
Bonell discusses contractual incorporation of the UNIDROIT Principles by parties and the positions of domestic courts and arbitral tribunals on such conflict-of-law rules. The author argues that in the context of international disputes, arbitrators may settle disputes based on the UNIDROIT Principles as the rules of law. The author also discusses party autonomy in the context of international commercial arbitration.
Adams' Note calls attention to the numerous problems posed by an increasing number of pro se litigants appearing in Massachusetts courts and suggests that Massachusetts follow the lead of other states and implement programs to aid pro se litigants. Furthermore, the Note calls attention to the problems encountered by pro se litigants engaging in mediation against experienced attorneys.